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Poster: tomwsmf Date: Aug 26, 2006 9:12am
Forum: oldtimeradio Subject: BBC shows status for posting.

I refound an old Goon Shows mp3 site recently and they have had to do the copyright dance with the BBC. The outcome of his wanting to post some goon shows up resolved out to a series of letters from Aunty Beeb

The bottom line summation for those who don't like to slog thru legal emails, is that you have to wait till 70 years after the death of the author, or the last surviving author in case of many hands, until it falls out of copyright.

Given this the Goonshows should be able to be posted here in 2075, if its the case MikeSpillagain is the last author alive.

To wit i have to say "what time is it eccles?"

http://home.alphalink.com.au/~robertd/GoonShowmp3.html

"Dear Sir,

I note that your website [ http://www.alphalink.com.au/~robertd/GoonShowmp3.html ] offers downloads of shows made by The Goons and broadcast by BBC, as well as .wav files also from the shows.

The BBC owns the copyright and trade marks relating to The Goon Show, and does not give permission for downloads or .wav files to be posted on the web.

You are required to remove all BBC-related downloads and .wav files from your site, and also to Undertake not to relist them in future.

If you do not comply within 7 days of the date of this email BBC will believe that you have no wish to co-operate and may consider further legal action.

Please reply by email to confirm that you have complied with our request, or if you have any questions regarding this matter.

Yours,

Brand Protection team
BBC Worldwide Ltd
London
UK
BBCi at http://www.bbc.co.uk/"

"Although this has already been explained in previous e-mails, it appears that you may not have understood that in an item such as a recording of this nature there can be more than one copyright work. As well as the copyright in the actual broadcast and in the sound recording, copyright subsists in the underlying work(s), such as the script for each episode. The copyright in the script is infringed by reproducing it in any material form. This means that it is infringed not just being reproduced in written form, but by the reproduction of a sound recording made of the performance of that script.
Under the UK Copyright Designs and Patents Act 1988, copyright in the script does not expire until 70 years from the end of the calendar year in which the author, or the last of joint authors, dies. Therefore, although the copyright in the sound recordings of some episodes of the Goon Show may now have expired, nevertheless the copyright in the underlying works still continues. Such copyright will usually be owned by the authors, or their estates after their death, unless they have assigned it elsewhere."

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Poster: Quaint1 Date: Sep 28, 2006 2:50am
Forum: oldtimeradio Subject: Re: BBC shows status for posting.

Bear in mind that 2075 is only the earliest date for the shows written solely by Spike - any of the shows co-written by Eric Sykes will have to wait even longer, given that Sykes is still going strong...